The gemara on umud bais says Amar Rav Ashi Ein Kofin and Rahi explains it to meanIf both the brother and wife want to do yibum we don't force them to do chalitza because the brother may not be michaven for a mitzva and be puga in an isur eishes ach.
My question is if you force him to do chalitza and he is not michaven properly why is there an isur eishes ach. What is the negative to forcing him to do chalitza?
Thank you.
yosef, New york, USA
I read Rashi differently. It seemed to me that he is saying that if both the brother and the wife want to perform Yibum, we do not prohibit them from doing so - and require Chalitzah - due to the concern that they won't be doing it Lishmah (and hence they will transgress the Isur of Eshes Ach).
Rather, we allow them to do the Mitzvah of Yibum. The reason for this is that even if we rule like Aba Shaul, we trust them when they say that their intention is Lishmah (see Hagahos ha'Bach on the Rosh 4:17, letter Beis).
Best wishes,
Mordecai Kornfeld